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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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what rights do i have over a step dad that was never gave guardenship

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what rights do i have over a step dad that was never gave guardenship and the boy is 13 his mother passed away has no other dad but i have raised him he wants to come stay with usand his step dad treats him like cinderrla
Who are you to the child?
Customer: replied 4 years ago.

I got his mother in churchand when she got out she got him,she had to move from her place so we took her in,then she moved out for awhile and we keep brandon after she got her life together and moved to start a new live we still kept brandon most of the time then after he started to school he stayed with her during the week but was with us when school was out on weekends and so forth.we have made sure he has not without,she never gave her husband guardenship of him nor us and they do have a boy together he treats him like he is king why treating brandon the oppist.I was told that brandon is consider a floating child

Thank you for the additional information. However, I'm not sure that you answered my question. What I was wanting to know is, are you any relation to this boy? From your information, it sounds like you are not related to him. Is this correct?


Also, where is the biological father?


Thank you.

Customer: replied 4 years ago.

No I am no kid and she never put a dad on the birth cert. but the man is no kid and didnt even know his mother or him intil he was 2 years old.I have talked to possibly the father and he was going to take a dna test but now haS CHANGED HIS MIND bRANDON IS 13 would he be able to decide any thing

With apologies, I am having some difficulty understanding your information. If I have it correct:

- The mother is deceased

- A biological father has never been named

- The mother's husband never adopted the child

- The mother's husband currently has custody

- You have no legal relationship to the child

- You desire to have custody of the child


If any of this is incorrect, please let me know. Assuming it to be accurate....


Candidly, there is no simple remedy for you. As you have no legal relationship with the child, you do not have standing to simply file for custody. This leaves you with very few options.


You might try simply approaching the step-father. If he does not provide proper care for the child, he may be willing to give you legal guardianship. Such an arrangement would give you the legal rights as if you were the parent. You could enroll the child in school, provide medical care and everything else that a parent could do for a child. Additionally, it does not terminate any rights of the step-father and, as such, he may consider it an acceptable course of action.


Another option would be to contact children's services. You have stated that he does not treat the child properly. If you believe he has abused or neglected the child, you could contact children's services and report the abuse and/or neglect. If, after an investigation, the allegations are well-founded, they would then look to place the child elsewhere. This, of course, could lead to the child being placed with you.

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